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PLANNING DEPARTMENT .�.
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Community Development Division
1600 Osgood Street
North Andover,Massathusetts,01845
Decision--Definitive Subdivision plan
Any appeal shall be tiled
within(20)days after the
date of flung this notice in
the office of the Town Clerk,
Date: February 16,2016
Pub4c Hearings: Jan 19,2016,February 2,
2016,and February 16,2016
Date of Decision,February 16,2016
Petition of: 'TKZ LLC
4 High Street,Suite 201
North Andover,MA 01845
Premises.Affected: 101 -115 Sutton Hill Road
Assessors Map 60A Lot 8,9
North Andover,MA 01845
Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements
of the North Andover Subdivision Rules and Regulations Section 5.6 Decision: So as to conwuot a four-lot
subdivision,including a proposed roadway,the installations of stormwater management infrastructure and the
installation of underground utilities in the Residential 3 Zoning District.
After a public hearing given on the above dates, and upon a motion by David Kellogg and 2'd by Lora
McSherry to APPROVE the Application for a Definitive Subdivision Plan as amended and based upon the
following conditions. A vote of 4-0 was made in favor of the application.
On beh ofthe North Andov Planning Board
David 0.1logg
Lynne Rudnieki
Lora McSherry
Peter Boynton
'A iR'M 5
A-Trje Copy.
U"Clerk. !
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Bk 14557 Pg148 #5532-------
101—i 15Sutton Hill Road,"Capstone"Definitive Subdivision Plan Decision
Map 60A,Parcels 8&9
The Planning Board herein APPROVES the Application for a Definitive Subdivision to create four lots,
including Lot 1 with 29,282 sq. ft.+/-,Lot 2 with 25312 sq. ft.+/-,Lot 3 with 25,160 sq. ft. +/-, and Lot 4
with 25,033 sq.ft,+/, The project is located at 101-115 Sutton brill Road,North Andover,Massachusetts,
01845,Map 6K Lots 8 &9 in the Residential 3 (R 3)Zoning District.The application was filed with the
Planning Board on December 18,2015. The public hearing on the above referenced application was opened
on January 19,2016 and closed by the Nordin Andover Planning Board on February 16,2016. The applicant
submitted a complete application, which was noticed and reviewed in accordance with Section IV of the
Town of North Rules and Regulations Governing the Subdivision of Land.
The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
F>< I NGS OF FACT:
In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the
Subdivision of Land,the Planning Board makes the following findings-,
A. The Definitive Plan, which dated December 17, 2015 and last revised February 5, 2016, is
substantially complete and technically adequate,accept as amended herein.
B. The Definitive Plan shoves a "Capstone" Subdivision Site Construction Plan (Sheet 4 of 4)
that depicts the creation of four lots with the following area and frontage on a Right-of--Way
(minimum width 50') shown on the plan titled Definitive Subdivision.plan "Capstone": Lot
1, 29,2829 sq. ft. and 132.04 ft, of frontage on Sutton. Hill Road; Lot 2, 25,312 sq, ft. and
125.52 ft. of frontage on the new roadway, Pinnacle Way(created to provide legal frontage
for Lot 2 and. Lot 3); Lot 3, 25,160 sq. ft and 204.93 ft. of frontage on the new roadway,
Pinnacle Way; and Lot 4 25,033 sq. ft. and 125.00 ft, of frontage on Sutton Hill Road. The
Plan thus conforms to all applicable zoning requirements.
C. The Planning Board finds that the proposed road layout Sheet 4 of 4(Site Construction Plan),
and design is less iatrusive than that of a conventional subdivision road and that the design is
more in keeping with the character of the neighborhood.
D. The proposed layout provides for the creation of 3 new driveways, thus providing for
minimal disturbance. The Plan shows a Right-of-Way (minimum width 50') which will
allow for the existing structure on Lot 1 to maintain the required zoning setbacks.
B. The proposed roadway layout provides for a minimum amount of tree clearing and maintains
the majority of the existing tree litre between Lot 2 and Lot 3.
F. The roadway layout and stormwater management systems as depicted in Sheet 4 of 4 (Site
Construction Plan) has been found to provide a design that is compatible with the
surrounding neighborhood, that provides for adequate stormwater drainage, including roof
infiltration using a drywell and infiltration along the driveways on Lot 2, Lot 3, and Lot 4
using a crushed stone drip trench.
0. The proposed roadway layout,consisting of two parallel driveways off Sutton Till Road with
a shared,single curb out.
H. The Definitive Plan has been prepared to lessen congestion in such ways and in the adjacent
public ways and will not have a significant impact on the operation of motor vehicles within
the subdivision or on adjacent ways.
1.
S. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies.
The new roadway will provide adequate access for emergency situations and will comply
with NFPA. 1 regulations.Any construction required for compliance with NFPA 1 regulations
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Bk 14557 Pg14 9#555 92
101-1 Mutton Hilt Road,"Capstone'Definitive Subdivisions Plan Decision
Map 60A,Parcels 8&9
will be identified and requirements for maintenance in perpetuity will be documented in a
Deed restriction.
K. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground
utility services, fire, police and other similar municipal equipment, and street lighting and
other requirements where necessary in a subdivision.
L. The Subdivision Plan will have no impact on neighboring subdivisions
M. A portion of the site is within the General Zone of the Watershed Protection District.
Development within this portion is minimal and does not require a Watershed Special Permit.
N. The piano has been reviewed by the outside consulting engineer, Eggleston Environmental, as
evidenced by a letters from L. Eggleston dated January 11,2016 and February 2,2016 and an
email dated February 9, 2016 as well as an email from Sullivan Engineering Group dated
February 5,2016.
O. The Definitive Plan has been reviewed by the Fire Department and has been found to be
acceptable, providing there is assurance that the site construction complies with NFPA 1
regulations.
P. The Definitive Plan conforms to the design and construction standards described in these
Rules and Regulations,with the exceptions of waivers granted in Special Condition A.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following:
1) Permit Definitions:
A) The"Locus"refers to four lots,including Lot I with 29,282 sq.ft.+/-,Lot 2 with 25312 sq.ft. /
Lot 3 with 25,160 sq, ff.+/-, and Lot 4 with 25,033 sq. ft. +/-. The project is located at 101-115
Sutton Hill Road,North Andover,Massachusetts,01845,Map 60A,Lots 8&9 in the Residential 3
(R-3)Zoning District,and also known as"Capstone"Subdivision,North Andover,Massachusetts.
D) The ",Plans" refer to the plans prepared by Sullivan Engineering Group, LLC PO Box 2004,
Woburn,MA 01888 dated December 17,2015,revised to February 5,2016, consisting of Sheets
1 -4,titled"Definitive Subdivision Plans"Capstone" 101 + 115 Sutton dill Road Located in North
.Andover,Massachusetts(Essex County)". Prepared for TKZ,LLC,4 High Street,Suite 201,North
Andover,Ma 01845.
C) The "Project"or"101-115 Sutton Hill Road"refers to the construction of a four-lot subdivision,
including a proposed roadway, the installations of stormwater management infrastructure and the
installation of underground utilities in the 12 3 Zoning District.
D) The"Applicant"refers to TKZ LLC,the applicant for the Definitive Subdivision Plan Approval.
E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant,developer,and owner.
2) SPECS CONDMONS:
A) The roadway, utilities and stormwater management systems will be constructed according to the
Plans,with the following waivers granted by the Town of North Andover Planning Board,according
to the provisions ofthe Town of North Andover Rules and Regulations Governing the Subdivision of
Land. These waivers are hereby granted in consideration of the fact that subdivision only contains 4
lots and that the Fight-of-Way maintains the setbacks for the existing dwelling unit on Lot 1.
a) Section 5 A Environmental and Community impact Statement.Due to the relatively small
size of the subdivision,submission of Environmental and Community Impact Analysis are
not required.
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Bk 14557 Pg150 #5592
101--115Sutton Hill Road,"Capstone"Definitive Subdivision Plan Decision
Map 60.A,,Parcels 8&9
b) Section 6.4 Construction Specifications:Waiver from specifications for roadway
construction referenced in Appendices I through W,to the extent that they are not
applicable to the subdivision as designed.
o) Section,6.5 General Construction procedures:Waivers from the procedures applicable to
roadway construction.
d) Section 6,9.No curbing is proposed.
v) Section 6.11.No sidewalks are proposed,
f) Section 6.15.2.No fire hydrants are proposed, The homes will be compliant with NFPA I
regulations
g) Section 6.18 Street Trees.Waiver from the requirement that street trees be required.
h) Section 6.21.No street lighting is proposed.
The Board deems that each of the fdregoing waivers is in the,publio interest and consistent with the
intent and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers
are hereby granted.
B) Driveways on Lot 2 and Lot 3 will remain private,to be maintained by the owner of each driveway.
The owner of Lot 2 will own the Right-of-Way and will grant an easement to the owner of Lot 3 that
will contain the terms of access across the Right-of--Way.Each homeowner will also be responsible
for the maintenance,in perpetuity, of the drainage swales along the driveways and for the dry wells
located on Lot 2,Lot 3, and Lot 4. The terms of the easements.and requirement for maintenance of
stormwater management structures will be recorded on the deeds for the respective lots.
C) The Town Planner shall approve any changes made to these plans, Any changes deemed
substantial by the Town.Planner would require a public hearing and modification by the Planning
Board.
D) In consideration of the approval of the Plan,there is to be no Further division or subdivision of a
part or portion of the parcel. This restriction is to be documented in the respective deeds for eaob
Lot in the subdivision.
3) PRIOR TO ENDORSEMENT OF THE PLAN
Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following;
A) A covenant {FORM 1() securing all lots with the subdivision for the construction of ways and
municipal services must be submitted to the Planning Hoard. Said lots may be released from the
covenant upon posting of security as required in Condition 7 under"PRIOR TO LOTS BEING
RELEASED FROM THE STAUTORY COVENANTS".
B) A notation must be placed on the plan noting that the roadway is considered a private driveway,not a
public road.
C) All drainage,water and sewage facilities designs shall be approved by the North Andover Division,
of Public Works.
D) The applicant must meet with the Town Planner in-order to ensure that the plans conform to the
Board's decision.'These plans must be submitted within ninety(90)days of filing the decision with
the Town Clerk.
E) The Subdivision Decision for this project must appear on the mylars.
F) A Development Schedule must be submitted for signature by the Town Planner. The schedule must
show building permit eligibility by quarter for all lots.
C) All docinn"shall be prepared at the expense of the applicant,as required by the Planning Board
Rules and Regulations Governing the Subdivision of Land.
H) The applicant will provide copies of all Decisions, Notification and Orders of Conditions ;From
the North Andover Conservation Commission.
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Bk 14557 Pg151 #5592
101--11SSutton Hilt Road,"Capstone"Definitive Subdivision Plan Decision
Map 60A,Parcels 8&9
I) In consultation with the Town planner,the Applicant shall designate an independent construction
monitor.The monitor shall read,sign,and return to the Town planner the Letter of Agreement for
Independent Monitors.Upon the start of site work the monitor shall make weekly inspections of
the project(any suspension in monitoring due to inactivity on the site shall be pro-approved by
the Town Planner), provide monthly reports to the Planning Department, and detail any areas of
non-compliance and corrective actions. The monitor will also provide ;reports following heavy
rain events, The monitor must also be available upon notice to inspect the site accompanying a
Planning Department designated official
4) PRIOR TO THE START OF CONSTRUCTION OR SM WORK
A.) A Site Opening Bond in the amount of five thousand($5,000)dollars to be held by the Town
of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town
of North Andover that will be placed into an interest bearing bond account.
B) Draft Deed restrictions must be placed on Lot 2 and Lot 3 regarding the fact that the private
driveways will never be maintained by the Town and that they will never be accepted as a public
road.
C) Draft Deed restrictions must be placed on all lots regarding the further subdivision of the lots, as
noted in,Special Condition D.
D) Draft of the easement to be granted by the owner of Lot 2 to the owner of Lot 3 containing the terms
of access across the Right of Way.
E) Draft Deed restrictions, maintenance agreement or covenant, containing the specification for
maintenance of the driveways on Lot 2 and Lot 3 and maintenance requirements of storrawater
drainage structures must be provided for Lot 2,Lot 3 and Lot 4.
F) Draft Deed restrictions,maintenance agreement or covenant,containing the specification of NFPA I
required structures/construction must be provided for Lot 2,Lot 3,and Lot 4,as necessary.
G) Drafts of all deeds, easement documents and restrictions, maintenance agreements or covenants
concerning the private driveways must be submitted and reviewed and approved by Town Counsel.
M no applicant must submit to the Town Planner a FORM M for all utilities and easements placed on
the subdivision,
1) Three (3) copies of the signed, recorded plans and two copies of the following recorded
documents must be delivered to the Planning Department, Subdivision Approval Form M,
Easement documents,maintenance agreement or covenant referred above.
J) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Staff must be contacted prior to any cutting and or clearing on site.
K) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
L) A pre-construction meeting must be held with the developer,their construction employees,Planning
Department(and other applicable departments)to discuss scheduling of inspections to be conducted
on the project and the construction schedule.
M) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. The DPW will determine the amount of the contribution and evidence of DPW's
determination and a receipt for the contribution must be submitted to the Town Planner.
5) PRIOR TO THE ISSUANCE OF A BUMDIiNG PERMU
A) A clean, crushed stone apron must be in place for each private driveway, for which the Building
Permit applies. The apron must be refreshed as needed until pavement is established.
13) A•Plot plan for the lot in question must be submitted to include the following:
a. Location of#he stricture
b. Location of the driveway
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Bk 14557 Pg1.52 #5592
101-11SSutton lull Road,"Capstone"Definitive Subdivision Plan Decision {
Map 60A,Parcels 8&9
c. Location of all water and sewer lines
d. Any grading called for on the lot
e. Location of drainage,utility and other easements.
C) All Best Management Practices for erosion control measures for the lot shall be in place.
D) All catch basins shall be protected and maintained with Best Management practices to prevent
siltation into the drain line during construction.
E) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
F) Lot numbers,visible from all roadways must be posted on all lots.
6) DURING CONSTRUCTION
A) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all tunes
and fenced off to minimize any dust problems that may occur with adjacent properties.
B) It shall be the responsibility of the developer to assure that no erosion from the site of construction
shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to of-site sewer or other off-site construction. Off site erosion will be
a basis for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
C) In an effort to reduce noise levels, the developer shall keep in optimum wonting order, tluough
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
D) Hours of construction are limited from 7 am.to 5 p.m.,Monday tbrougb Friday and 8 am.—5 p.m. on
Saturdays
7) PRIOR TO ANY LOTS BEING RELEASED FROM TIME STATUTORY COVENANTS
A) The applicant must submit a lot release(FORM'J)to the Planning Board for signature.
B) A Performance Guarantee in an amount to be approved by the Planning Board and DPW shall be posted
to ensure completion of the work in accordance with the Plans approved as part of this conditional
approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered
by the Bond may include,but shall not be limited to:
a. as-built drawings;
b. sewers and utilities;
c. lot and site erosion control;
d, site screening;
e. drainage facilities;
f. site restoration;
g. final site cleanup.
8) PRIOR TO THE ISSUANCE OF A.CERTIFICATE OF OCCUPANCY
A) Granite posts with Lot 2,Lot 3 &Lot 4 house numbers must be installed at the entrance to each
driveway. The location and size of granite post must be approved by the North Andover Fire
Department.
B) The applicant must submit a certification letter ;fiom a registered engineer that the site was
constructed in compliance with the NFi PA I regulations. If this certification is not provided
residential sprinkler systems must be installed.
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Bk 14557 Pg153- #5592
101-115Sutten Hill Road,"Capstone"Definitive Subdivision Play Deolsion
Map 60A,Parcels 8&9
C) All slopes shall be stabilized, w determined by the Planning Board, with regard to erosion and
safety.
D) The lot must be stabilized. If weather does not permit seeding or sodding the lot must be
mulched.
B) It shall be the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are said. The Planning Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
F) The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
G) 10' — 12' tall by at least 50' evergreen screen must be installed along the lot border with the
abutter at 85 Sutton Full Road in a location to best screen and provide privacy for both residences.
H) The applicant must submit a letter from the engineer of the project stating that the building and site
layout substantially comply with the plans referenced at the end of this Decision as endorsed by the
Planning Board.
1) Within two weeks of the transfer of the property to another owner, a copy of all recorded deeds,
moments and maintenance agreements must be provided to the planning Office.
9) PRIOR TO'I HE FINAL RELEASE OF ALL SECURITY AND ESCROWED
FUNDS
A) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts showing final topography, the location of all on-site utilities, structures and
drainage facilities all construction and other pertinent site features to the Planning Department, The
as-built must be provided in paper Form as well as in SDF(Standard.Digital File)format.This as-
built plan shall be submitted to the Town Planner for approval. The applicant ,must submit a
certification from the design engineer that the site was constructed as shown on the approved playa,
B) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
C) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of
Public Works requirements are satisfied and that construction was in strict compliance with all
approved plans and conditions.
D) The private driveway and all stormwater management systems must be constructed according to the
plans approved by the Planning Board
10) GENERAL CONDITIONS
.A.) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) The provisions of this conditional approval shall apply to and be binding upon the applicant* its
employees and all successors and assigns in interest or control.
D) Any action by a Town Board,Commission,or Department,which requires changes in the plan or
design of the building,as presented to the Planning Board, may be subject to modification by the
Planning Board.
E) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Hoard for approval.
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Bk 14557 Pg154 #5552 ----
10 1—11 5Sutton Hill Road,"Capstone"Defnitive Subdivision Plan Decision
Map 60A,Parcels 8&9
P) The following information shall be deemed pant of the decision:
Plan Titled: "Definitive Subdivision Flan"Capstone" 101 + 115 Sutton Hill Road Located in
North Andover,Massachusetts(Essex Countyy'
Prepared for; TKZ,LLC
4 High Street,Suite 201
North Andover,MA 10845
Prepared by: Sullivan Engineering Group,LLC
Pa Box 2004
Woburn,MA 01888
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&de: 1"W 20'
Date: December 17,2015,revisions January 25,2016 and February 5,2016.
Sheets; 4
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cc: Town Departments
Applicant
Bn&esr
Abutters
Assessor
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